State

97 Kanals State Land identified for Cattle Pound. DB directs Div. Com, Commr. JMC , DC Jammu and SSP Jammu to take possession within 10 days

GOLDEN YUG
[ September 12, 2018 ] Jammu, September-11-2018-(JNF):- A Division Bench of the State High Court comprising First Puisne Judge Justice Alok Aradhe and Justice Sanjay Kumar Gupta today directed Divisional Commissioner Jammu, Commissioner Jammu Municipal Corporation , Deputy Commissioner Jammu and Senior Superintendent Of Police Jammu to take over possession of 97 Kanals of State Land situated at village Seri Khurd, Tehsil Nagrota, Distt. Jammu, identified for Cattle Pound within a period of 10 days from today. While expressing displeasure over the lackadaisical approach of the State Authorities in not taking over the possession of 97 Kanals of Land which stands identified for cattle pound, the Division Bench in the Open Court further directed that in case the possession of the land is not taken within 10 days from today, then adverse orders shall follow against the senior functionaries of the State on the next date of hearing. These Court directions were passed today in the much publicized Public Interest Litigation filed by an NGO “SAVE” through its Chairperson Devinder Kour Madaan alias Rumpy Madaan, seeking directions to the Jammu Municipal Corporation, to establish a modern Cattle Pound for housing more than 3000 stray cattles. In the PIL, the primary relief is to ensure the closure of 59 illegal milk dairies operating within the limits of Jammu Municipal Corporation. The PIL further seeks re-location of the milk dairies outside the limits of JMC. When this PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan & Suraj Singh appearing for the petitioner, drew the attention of the Division Bench to the order dated July 31, 2018 wherein the Division Bench had granted two weeks time to the Jammu Municipal Corporation to take over the possession of 97 Kanals of State Land with the assistance of Sr. Supdt. Of Police Jammu. The Division Bench had also directed that the Divisional Commissioner Jammu as well as Commissioner JMC shall file an affidavit with regard to the compliance of this order by or before the next date of hearing. Advocate SS Ahmed vociferously argued that there is complete non – compliance of the directions passed by the Division Bench on July 31, 2018 as the senior functionaries of the State have no respect for the directions of the Division Bench. Advocate Ahmed further submitted that it is unfortunate that Commissioner JMC wrote a communication to Divisional Commissioner, Jammu, Deputy Commissioner Jammu, and SSP Jammu only on Sept. 1st , 2018 regarding the issue of Cattle Pound and till date the possession of the land has not been taken over by JMC. Advocate SS Ahmed further submitted that the Divisional Commissioner Jammu has also expressed casual approach towards the directions of the Division Bench as he has not filed his own affidavit as directed by the Division Bench on 31st July, 2018. Advocate SS Ahmed submitted at the Bar that issue will be resolved only when Divisional Commissioner Jammu alongwith DC Jammu, SSP Jammu and Commissioner JMC are directed to appear in person to explain their conduct as to why they are not performing their legitimate duties in taking over the possession of the land identified for cattle Pound. Advocate SS Ahmed further submitted that since the land is located near IIT Jagti ( Nagrota ) the Land Mafia is not allowing the authorities to take over the possession of the land and Advocate Ahmed further submitted that the political pressure upon the authorities is also not ruled out. At this stage, the Division Bench headed by Justice Alok Aradhe after considering the submissions of Advocate S.S. Ahmed took serious note of the lapse on the part of the authorities and put a specific query in the Open Court to Senior AAG S.S. Nanda and Advocate Sachin Gupta appearing for J&K State and JMC as to why the possession of the land has not been taken so far. Both the Counsel representing the State functionaries submitted that the process of taking over the possession has been initiated but some resistance is found on spot . At this stage the Division Bench while expressing displeasure observed that in case the directions of the Court are not implemented before the next date of hearing, then adverse orders shall follow against the State functionaries. After considering the submissions of both the sides, the Division Bench headed by First Puisne Judge Justice Alok Aradhe while expressing displeasure over the non-implementation of the directions dated: July 31st, 2018 directed Divisional Commissioner Jammu, Commissioner Jammu Municipal Corporation , Deputy Commissioner Jammu and Sr. Supdt. Of Police Jammu to take over possession of 97 Kanals of State Land situated at village Seri Khurd, Tehsil Nagrota, Distt. Jammu, identified for Cattle Pound within a period of 10 days from today. The Division Bench further directed the Divisional Commissioner Jammu to file a Compliance Report before the next date of hearing regarding the compliance of Order dated July 31st , 2018 and the directions passed today.